INSPIRATIONAL ENTREPRENEURSHlP – PT. 1
A Guide to Inspiration for Entrepreneurs Greetings, one and all: welcome to the first blog for inspirational entrepreneurship. Of the myriad aspects of entrepreneurship beckoning for discussion, analysis and further procrastination, I am going to a non-linear approach to this blog. It is my aim and desire to inspire those who wish to pursue the freedom to explore the possibility of entrepreneurship. By way of introduction, my name is Basha Cohn. I started a group called "Society of inventors and ideas" a few years ago from the office of Howard M. Cohn & Associates, an Intellectual Property law firm. l...
Underestanding Design Patents
You’re inventive. You designed a product that you think will shake up the market. You have competitors, but your design is unique. You have a competitor’s edge. But how do you protect it? A design patent can help. Read on to find out how you can get 14 or 15 years of patent protection. What is a Design Patent? Keep in mind that a design patent can only protect the ornamental design of your product. A design patent cannot protect how it functions. A design patent is most often applied when a competitor’s product has a similar function but a different...
When and How to Use Trademark Symbol
The three commonly used Trademark symbols: TM, SM, and the letter R in a circle — ®. The TM and SM symbols are used with unregistered marks: TM for trademarks, or marks that represent goods, and SM for service marks, or marks that represent services. The federal registration symbol, or ®, is reserved for marks registered in the U.S. Patent and Trademark Office. There is no obligation to use the TM or SM symbols and their use has no legal significance. However, it is generally a good idea to use these symbols. When one uses the TM or SM, he or...
Trademarks, Domains and Your Brand Name
When picking a company name, it’s vital to initially conduct research to avoid trademark infringement or domain name conflicts. You may be infringing someone’s trademark if the use of your mark is likely to cause confusion among customers as to the source of the goods or services. The following are potential steps to avoid naming issues: KEYS TO SUCESS 1. Conduct a Google search on the name to find what other companies may be using the name. 2. Conduct a search at the U.S. Patent and Trademark Office site (www.uspto.gov) for federal trademark registrations on the name you are considering. 3. Conduct a...
Intellectual Property Protection for Startups
When growing a unique product, technology, or service, one must consider the appropriate steps to protect the intellectual property that has been have developed. The company’s founders have a stake in ensuring that the company protects its intellectual property and avoids infringing the intellectual property rights of third parties. The following are some of the common protective measures undertaken by business start-ups: Patents Patents are the best protection available for an original product. A patent gives its inventor the right to prevent others from making, using, or selling the patented subjected matter described in words in the patent’s claims. The key...
Business Forms that are Available to a Start-Up Company
Sole Proprietorships In general terms, a sole proprietorship requires no fees, legal documentation, or filings other than state and local business permits. However, there are disadvantages to functioning as a sole proprietorship: (1) it only has one owner and if additional capital is required from another investor, the form is not available and a partnership or other entity form is required and (2) a sole proprietorship provides no protection for the founder against creditors of the business. By contrast to corporations and LLCs where, the creditors of the business cannot successfully sue the founders and other investors. General Partnerships If there is...
Beware of These Intellectual Property Liabilities
In business, there are multiple potential mistakes and errors and they come up in all different legal areas – from basic formation issues to labor and employment to intellectual property. Mistakes and missteps involving intellectual property can be particularly problematic because IP is a company asset; it constitutes a part of (often a significant part of) a company’s valuation. The Issues 1) Failure To Transfer the IP From The Founder Into the Company. It is an essential item for any company – if the company is being formed around a piece of IP, the company should make sure that whoever owns...
What EXACTLY Can Be Patented?
What The Courts Have Said There are three main cases which the Supreme Court ruled in this issue: CASE #1: In Bilski of 2010, the Supreme Court held that claims to a method for commodities traders to lower the risk of price fluctuations was an abstract idea. Because the idea of hedging against risks is a common practice in our economy, it was ruled that an idea cannot be made patentable by limiting it to a particular field, such as commodities. The Court held that the Federal Circuit Court of Appeals’ previous test for claims that appear directed to abstract ideas, the...
